Working in the UAE comes with different rules that you have to follow and be aware of to avoid any inconvenience. The probation period in UAE is one of the important topics that you should know before joining any entity.
This article will take you through everything about the probation period in UAE, answering all the questions that might pop into your mind. Keep reading!
- About the Probation Period in UAE
- Resignation During Probation Period
- Termination During Probation Period
1. What Is the Probation Period in UAE Labour Law 2023?
It’s a period of time that all employees in UAE must undergo. The United Arab Emirates Labour Law 2023 sets a maximum probation period of six months for all employees.
Besides, this period allows employers to assess suitability and employees to adapt to the work environment. During this time, both parties can terminate the contract while aligning to the legal requirements and notice rules.
- Employers: Must provide 14 days written notice before termination.
- Employees: Must give 1 month’s notice if seeking alternative employment within the UAE and 14 days’ notice if leaving the country within three months.
2. Why Is There a Probation Period in UAE?
The probation period in UAE is assigned to give a chance to the employee to adapt to the work environment and see how things go. From the employer side, it’s a chance to decide if the new employee matches their requirements and expectations or not.
This makes it a win-win situation for both parties before proceeding to a full-time contract.
3. How Long Is the Probation Period in UAE?
The probation period ranges from 3 months up to 6 months maximum; it depends on the company or employer’s policies.
4. Is the Probation Period Included in the Employee’s Total Service Period?
Yes, after the completion of the probation period, it’s calculated in your total service’s period.
5. Can an Employee Take an Annual Leave During the Probation in UAE?
No, they can’t because, as an employee, you are not entitled to paid leave during the probation period, according to the UAE Labour Law.
6. How Can an Employer Extend the Probation Period in UAE?
Extending probationary beyond 6 months in UAE is strictly illegal; this comes under Article 9 of the UAE Labour Law. and any attempt to do so is null and void.
Accordingly, the probation period extension, according to the UAE labour law, is valid only in case it’s 3 months, so the employer can extend it to the maximum time, which is 6 months.
7. Can an Employee Take Sick Leave During the Probation Period in UAE?
You can take a sick leave during the probation period if your employer accepts it; This leave will be accounted as an unpaid one as, according to the law, employees under probation are not entitled to paid sick leaves.
8. Can an Employee Quit During the Probation Period and Leave the UAE?
Yes, if you’re an employee, you can quit during the probation period and leave the country. However, you have to consider some points before doing so.
- Notice Period: You must provide your employer with written notice of your resignation at least 14 days before your last day, according to Article 9 of the UAE Labour Law. If you didn’t follow this, you will be penalised.
- Exit Visa: You’ll need to cancel your current residence visa and obtain an exit visa before leaving the country. Consequently, you should ensure to settle any outstanding dues with your employer to avoid delays in visa processing.
- Return to the UAE: If you plan to return to the UAE within three months of leaving, the new employer might be responsible for reimbursing your previous employer’s recruitment costs unless otherwise agreed upon.
Note: While leaving during probation is your right, consider potential consequences. Having open communication with your employer is crucial to explain your reasons and ensure a smooth handover to avoid burning bridges.
9. During the Probation Period in UAE, Is it Legal for Employees to Move to Another Job?
Yes, it’s legal to resign under a probation period in UAE and move to another job. However, you have to submit a written notice to your employer of a minimum of one month before leaving.
Under these circumstances, the new employer is responsible for reimbursing the current employer for the recruitment costs of the employee unless a different agreement has been made between the current employer and the employee.
10. What Happens If A Party Didn’t Follow the Notification Legal Requirments and Terminate the Contract Before the Probation Period?
As per Article 9 (5) of the UAE Labour Law 2022, if either party, employer or worker, terminates the contract without providing the required notice, they must compensate the other party. This compensation, also known as notice period pay, equals:
- Full wages for the entire notice period: If no notice was given.
- Wages for the remaining notice period: If partial notice was provided.
Example: During a 3-month probation with a 1-month notice period, an employee quits with no notice. They must compensate the employer with one month’s salary.
Note: The notice period varies depending on the employee’s salary and years of service. Always refer to the Labour Law or consult a legal professional for specific details.
Consequences of not following the probation rules in UAE might go beyond pay as breaching the notification requirements might have additional consequences:
- Employer: May face administrative fines or difficulties obtaining work permits for future employees.
- Employee: Might face visa cancellation delays or difficulties securing future employment in the UAE.
11. How Long Is the Notice Period During the Probation Period?
Under the UAE’s Labour Law, the mandated notice period during probation is 14 days. So, as an employer, if you decide to leave the job, you have to inform your employer 14 days prior to leaving.
Resignation
1. Can an Employee Resign During the Probation Period in UAE?
Yes, in UAE, you can resign before the probation period ends. However, you have to give notice to your employer 14 days in advance, according to UAE labour Law.
2. What Happens in Case of Resignation During Probation Period in UAE by an Employee with Limited Contract?
There is no difference between resignations during the probation period in UAE for limited or unlimited contracts in UAE; in both cases, you can resign but stick to the 14 days notice period.
3. Will the Employee Receive their Gratiuty in Case of Resigining During the Probation Period?
No, they will not be eligible to receive their gratuity as long as they resign during the probation period, according to UAE Labour Law.
However, once you complete your probation period and continue with the same employer for a year, then you become eligible for total gratuity.
Terminatination
1. Can the Employer Terminate the Contract During the Probation Period in UAE?
Yes, they can however, according to the UAE labour law, for termination during the probation period, the employer must give the employee a notice period of 14 days.
2. Who Pays the Visa When an Employee Is Terminated During the Probation Period in UAE?
The employer is the one who pays as employees are not responsible for covering their visa expenses when terminated during the probation period, as per the UAE Labour Law.
This applies to both employer-sponsored visas and those obtained independently.
You should also bear the following in mind.
- Employer Responsibility: It’s the employer’s responsibility to bear the costs of visas and work permits, regardless of the reason for termination. This includes both application fees and any incurred cancellation fees.
- Exceptions: The only scenario where an employee might contribute to visa costs is if they resign and plan to return to the UAE within three months.
In this case, the new employer might be responsible for reimbursing the previous employer’s recruitment and visa processing costs.
FAQ
Yes, you can, but you should inform your employer 14 days before leaving.
According to the UAE labour law, you can’t take any leave during the probation period, and emergency cases aren’t an exception. However, you can talk to your manager, if they agree it could be unpaid leave.
No, there isn’t maternity leave during the probation period, as according to labour law in UAE, you’re entitled to any leaves before completing the probation period.
